Dividing property may be a difficult part of the divorce process. However, trying to come up with a custody arrangement that works for everyone can be even more challenging. In fact, one of the biggest obstacles in moving a divorce settlement forward can be creating a successful parenting plan that meets the child’s best interests.
A parenting plan is the document that divides physical custody of the child between each parent’s household. While it serves as the framework for the custody arrangement, it should also be flexible enough to meet the child’s changing needs. In the beginning, newly divorced parents may rely heavily on the agreement to help ensure the child has a predictable routine. Later, parents may use it to help avoid conflict and address disagreements. Accordingly, the plan should be detailed, clear, thorough, and actionable.
The following are three elements that every successful parenting plan should contain:
When creating a successful parenting plan, it’s vital to include details about custody exchanges. Many parents are solely focused on the parenting time schedule, and how many days each parent gets to spend with the child. But it’s important to understand that a rotating parenting time schedule also needs to include specifics to ensure a smooth transition between homes.
If the child is of school age, pick-ups and drop-offs may work best at their school or bus stops. In the event the visitation agreement does not include weekday exchanges, then it is up to the parties to designate an alternative. Some high-conflict situations may warrant the use of a neutral location for custody exchanges, such as a grocery store parking lot, library, fast-food restaurant, or even a police station. Using public areas can reduce the potential for conflict and ensure accountability with the presence of witnesses or security footage. Otherwise, if the parties are amicable, the other parent’s home may work well.
Parents will have to come up with two schedules in order to create a successful parenting plan: one for the regular school year and the other for holiday deviations and summer break. Overlooking this provision can often lead to conflicts that may force a parent to file a petition in court to obtain a modification.
There are many different options available to parents for splitting holidays and school vacations. For instance, parents may divide the holidays between them by alternating years, or they might customize the parenting plan based on the holidays that are important to them. If parents live close enough to each other, they might even consider dividing the day or, if parents are amicable, they may choose to spend the holiday together with the child. Similarly, parents have considerable flexibility in determining the school vacation schedule based on their specific situation.
In addition, an effective parenting plan should specify the exact start and end times for the holidays to avoid any confusion and conflict. Regardless of how parents decide to split the holiday and school vacation schedules, it’s best to ensure that each parent has at least one major holiday each year so they can create lasting memories with their child.
Something that may derail even the most well-drafted parenting plan is a change. Although the parenting plan should always be followed to provide the child with stability and security, work schedules can change, appointments can come up, and situations can arise when one parent needs to alter their parenting time. The way parties handle these changes is critical to continued cooperation and should be addressed in the parenting plan.
When creating a successful parenting plan, parents should establish the time frame in which they need to inform each other of a change in schedule. They may also agree to the use of a shared calendar that they check regularly. In cases where a permanent change to the parenting plan is necessary, the parties may need to modify the agreement. Mediation can often be an essential tool to help parents find creative solutions outside of court. But in particularly contentious situations, litigation may be necessary and a judge would determine the outcome based on the best interests of the child.
Creating a successful parenting plan can help make post-divorce parenting more manageable. At Duke Law Firm, P.C., our experienced divorce and family law attorneys can help you develop a well-drafted parenting plan that works for the whole family and meets the best interests of your child. We invite you to call us at (585) 449-4987 or visit us online to schedule a consultation to learn how we can help.
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